Memo vs. Legal Brief & Legal Brief Requirements

-

 


Two common documents that law professionals will engage with on a regular bases are the legal brief, or court brief, and office memorandum. Both share similarities and differ in several ways. For example, one similarity that these documents possess is with regards to their content; they both possess important information such as the issue(s), relevant facts, legal analysis, and a conclusion. William H. Putman & Jennifer R. Albright, Legal Research, Analysis, and Writing, 499 (4th ed. 2017). The one major difference between these documents is what they are intended to do. A court brief is written with the intention of persuading the court to adopt a position that most favorable to a client. Id. at 500. Meanwhile, an office memo is written with the intention of being an objective analysis of the law that thoroughly addresses both sides of an issue, so that an attorney has a guide on how a court might resolve the issue. Id. 

When legal briefs are sent to their respective court, a set of rules must be taken into consideration that require the brief to be uniform under those rules. For instance, the ninth circuit for the United States Court of Appeals has a set of rules known as the Federal Rules of Appellate Procedure, which must be considered when writing a court brief. An example of a requirement for a court brief is with regards to the content of the brief. On top of the standard information that is required to be included in a brief, the ninth circuit of appeals requires the brief to contain a statement of jurisdiction, bail and detention status, standard of review, and a statement of related cases. Fed. R. App. P. 28-2 (9th Cir. 2020). Another rule that must be met when submitting a court brief is with regards to the multiple briefs. A party or group of jointly represented parties is limited to filing a single principal or reply brief, even when responding to multiple briefs by other parties.  Fed. R. App. P. 28-5 (9th Cir. 2020).

Comments

Post a Comment

Popular posts from this blog

Scenario: Minnesota Law (w/ Case Briefs, Statute Explanation, and Table of Authorities)

-
Image
Scenario The managing partner at your Minnesota law firm wants you to research and provide information concerning a minor’s lack of capacity to enter into a binding contract. She wants you to locate the following three Minnesota cases, as well as a fourth Minnesota case on the matter. 1. Ramsey Cnty. v. Guardian Ad Litem, 853 N.W.2d 813 (Minn. Ct. App. 2014). 2. Winter v. Skoglund, 404 N.W.2d 786 (Minn. 1987). 3. O'Brien Ent. Agcy. v. Wolfgramm, 407 N.W.2d 463 (Minn. Ct. App. 1987). She also wants you to locate the following two statutes and explain what a defendant is required to demonstrate concerning a minor’s lack of capacity. 1. MINN. STAT. ANN. § 645.45 (West 2016). 2. MINN. STAT. ANN. § 524.2-501 (West 2016). After you have located those four cases and two statutes, please provide one case brief for each case, for a total of four case briefs. Also, please provide an explanation for each statute. Minnesota Case Briefs and Statute Breakdown Citation: Ramsey Cnty. v. Guardi...
Read more

Client Letter: King v. Sunny Days Resort

-
Image
  The Law Offices of Patrick, Swayze, and Zimmerman 751 Main Street Friendly, New Washington 00065 (200) 444-7778 • FAX 444-7678 • www.patricklaw.com October 15, 2021 Ms. Esther King 139 Main Street Friendly, NW 00065 Re: King v. Sunny Days Resort Dear Ms. King: The purpose of this letter is to inform you of the status of your case and summarize the law with regard to the facts of your case. Our law office has decided to take your case since we believe that a bailment was created when your sunglasses were left at the front desk of the Sunny Days Resort. In order to determine whether or not a bailment was created, there are two elements that the court will apply to the facts of your case - possession and an intent to physically control your sunglasses were present at the time. Possession occurs when one has physical control over another’s property and an intent to exercise that control. In Morris v. Hamilton , possession occurred when Morris decided to physically tak...
Read more

Attorney vs. Paralegal: Rules of Ethics & Professional Obligations

-
Image
Ethics for the Attorney and Paralegal The ethical foundation set in place for both attorneys and paralegals is an ever increasing matter of importance. Direct state regulation and regulation by state bar associations, like the ABA, continue to issue guidelines. Though their regulations and ethical obligations are very similar, the paralegal and the attorney vary slightly. For instance, paralegals are not directly regulated by the state, with the exception for California where it is required to meet specific educational requirements to be a practicing paralegal. The ethical codes and regulations that are set in place for attorneys indirectly affect the paralegal. For the most part, all states ethical codes are based directly off of the revised ABA canons: The Model Code for Professional Responsibility and the Model Rules for Professional Conduct . Lastly, even though paralegals are not being directly regulated does not mean that a violation of a rule governing attorneys will not have ne...
Read more